L
LequteMan
Guest
Abia state Governor-Elect, Dr. Uche Ogah, has stated that the refusal of the state's Chief Judge to swear him in is an affront on the rule of law.
“I am not ignorant of the black market injunction allegedly obtained by Dr Ikpeazu at Osisioma Ngwa High court restraining the Chief Judge of Abia state from swearing in Dr Ogah. That interim order was premised on Section 143 of the Electoral Act which is only applicable to judgements obtained in Election Tribunals, but not in pre-election matters. It is a laughable ruling not worth the paper it was written. For God’s sake, a High Court in Abia is a court of coordinate jurisdiction with a Federal High Court and so any order given by such court to contradict an earlier order of the same court is ipso facto null and void. It is only a higher court that has the legal capacity to reverse the earlier order or judgement," he said according to Vanguard.
“In a pre-election matter the enforceability of a court judgement is immediate as the losing side in the legal argument, in this case, Dr Ikpeazu, was never adjudged to have been qualified to contest the election in the first place while in a post-election matter the mandate enjoyed by an incumbent subsists until the tribunal or appellate courts rule otherwise.
“Failure or delay to swear Dr Ogah in as the duly elected Governor of Abia state is an unqualified affront to the rule of law and constitutional governance in a true democracy, and an act that is capable of undermining the peace and stability of the state. Dr Ikpeazu has been duly removed as Abia state Governor and not amount of legal shenanigans and illegal public holidays will derail the law of the land taking full effect. Dr Ogah will be sworn-in in due course so as to avoid the dangerous power vacuum that currently exists in Abia state, and for him to begin the urgent task of empowering Abians with his laudable developmental programmes already lined up”.
“I am not ignorant of the black market injunction allegedly obtained by Dr Ikpeazu at Osisioma Ngwa High court restraining the Chief Judge of Abia state from swearing in Dr Ogah. That interim order was premised on Section 143 of the Electoral Act which is only applicable to judgements obtained in Election Tribunals, but not in pre-election matters. It is a laughable ruling not worth the paper it was written. For God’s sake, a High Court in Abia is a court of coordinate jurisdiction with a Federal High Court and so any order given by such court to contradict an earlier order of the same court is ipso facto null and void. It is only a higher court that has the legal capacity to reverse the earlier order or judgement," he said according to Vanguard.
“In a pre-election matter the enforceability of a court judgement is immediate as the losing side in the legal argument, in this case, Dr Ikpeazu, was never adjudged to have been qualified to contest the election in the first place while in a post-election matter the mandate enjoyed by an incumbent subsists until the tribunal or appellate courts rule otherwise.
“Failure or delay to swear Dr Ogah in as the duly elected Governor of Abia state is an unqualified affront to the rule of law and constitutional governance in a true democracy, and an act that is capable of undermining the peace and stability of the state. Dr Ikpeazu has been duly removed as Abia state Governor and not amount of legal shenanigans and illegal public holidays will derail the law of the land taking full effect. Dr Ogah will be sworn-in in due course so as to avoid the dangerous power vacuum that currently exists in Abia state, and for him to begin the urgent task of empowering Abians with his laudable developmental programmes already lined up”.
